NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 886

HOUSE BILL 1169

AN ACT TO PERMIT ANY CUSTODIAN OF PUBLIC RECORDS TO TENDER THE RECORDS AND AN AFFIDAVIT OF AUTHENTICATION IN LIEU OF A PERSONAL APPEARANCE IN RESPONSE TO A SUBPOENA DUCES TECUM.

The General Assembly of North Carolina do enact:

Section 1.  G.S. 1A-1, Rule 45(c) is hereby amended and rewritten to read as follows:

"(c)       For production of documentary evidence. A subpoena may also command the person to whom it is directed to produce the records, books, papers, documents, or tangible things designated therein. Where the subpoena commands any custodian of public records to appear for the sole purpose of producing certain records in his custody, the custodian subpoenaed may, in lieu of a personal appearance, tender to the Court by registered mail certified copies of the records requested, together with an affidavit by the custodian as to the authentication of the records tendered or, if no such records are in his custody, an affidavit to that effect. Any original or certified copy or affidavit delivered under the provisions of this Rule, unless otherwise objectionable, shall be admissible in any action or proceeding without further certification or authentication. The judge, upon motion to quash or modify made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may

(1)        Quash or modify the subpoena if it is unreasonable and oppressive and in such case may order the party in whose behalf the subpoena is issued to pay the person to whom the subpoena is directed part or all of his reasonable expenses including attorneys' fees or

(2)        Grant the motion unless the party in whose behalf the subpoena is issued advances the reasonable cost of producing the records, books, papers, documents, or tangible things.

Sec. 2.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3.  This Act shall be in full force and effect on and after July 1, 1969, and shall apply to actions and proceedings pending on that date as well as to actions and proceedings commenced on and after that date. This Act takes effect on the same date as Chapter 954 of the Session Laws of 1967, entitled an Act to Amend the Laws relating to Civil Procedure. In the construction of that Act and this Act, no significance shall be attached to the fact that this Act was enacted at a later date.

In the General Assembly read three times and ratified, this the 16th day of June, 1969.